| Terms of Sale Policy | |||||||
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| Payment: Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, customer agrees to pay interest at the rate of 1-1/2% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then the highest rate allowed by law. In addition, customer agrees to pay all costs of collection, including costs of litigation and reasonable attorney's fees. Masterline Technologies reserves the right to obtain a security interest in the products sold to customer, and in proceeds thereof, until payment is made in full by customer. Customer agrees to execute financing statements and other instruments at Masterline Technologies request. A $15.00 collection fee will be charged for all dishonored checks. For specific terms, please refer to your service contract. Taxes: Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide Masterline Technologies with an appropriate tax exemption certificate. Title: Title to products passes from Masterline Technologies to customer upon shipment from Masterline Technologies facility. F.O.B. and Risk of Loss: Unless otherwise stated on the face hereof, all shipments are F.O.B. Masterline Technologies, San Diego, California. Masterline Technologies liability for delivery shall cease, and title and all risk of loss or damage shall pass to customer upon delivery to carrier. Refunds, Prorations, and Contract Termination Policy: Non-refundable fees We do not REFUND per se, any fees paid as 'Activation Fees', 'Set-Up Fees', 'Deposits', or Installation Fees' towards any products or services purchased from Masterline Technologies, Inc. Proration of fees We do not PRORATE per se, any fees paid as 'Activation Fees', 'Set-Up Fees', 'Deposits', or Installation Fees' 'Reactivation Fees', 'Monthly Base Fees', 'Termination, Disconnect, or Cancellation Fees'. Contract Termination. Paging and Messaging: You may terminate your account at any time and for any reason by submitting a written request. This may done via email or U.S Postal mail service, or common carrier. Do not call Customer Service. You will need to include your account number, account name, and description of service. Paging and Messaging: Termination for these service types are subject to a $50.00 disconnect fee per user. Termination of service does not release the user from their contractual obligations as regards outstanding balances. Please refer to the User Agreement and Terms and Conditions for full details. For all other terminations, please refer to your service contract. Product Return Policy Masterline Technologies Inc. (Masterline) offers a restricted return policy on selected items based on manufacturer and carrier return policies. Except for warranties delivered in writing with the products, Masterline makes no warranty of any kind, whether express or implied. Customer shall return the products to Masterline Technologies or manufacturer in the original packaging. Masterline Technologies will not be responsible for damaged parts if customer does not follow this process. Please retain shipping information, including tracking numbers, until your account has been credited by Masterline Technologies or replacement product is received. If Masterline Technologies determines that failure of the product(s) was not a result of a defect in materials or workmanship, Masterline Technologies reserves the right to charge customer for parts and labor at Masterline Technologies then current labor rate or charge customer a 20% restocking fee. Masterline Technologies will advise customer prior to assessing these charges. To return a product, you must obtain an RMA (Return Materials Authorization) number from an authorized Masterline representative. No return or credits will be provided without a valid RMA number. The following exclusions are in effect for receiving a valid RMA number: End-user customer cancels the order, changes decision due to transmission speed, coverage penetration or reliability or availability. End-user has opened the package, loaded the software, installed or activated the unit. SIM cards that have been removed from the packaging or activated cannot under any circumstances be returned. A valid RMA number may be issued within 7 days of the invoice date and returns are subject to a 20% restocking fee regardless if the package is opened. In all cases, the units must be returned in new condition in the original packaging with all parts included in the package. This includes but is not limited to: antennas, cables, CDs, manuals or booklets. The following represents a standard list of eligible reasons for requesting an RMA number: Customer ordered wrong product and is issuing a new PO for the correct product or Masterline shipped the wrong product to the customer. Masterline or manufacturer or carrier mistakenly shipped the same product/order more than once to a customer. Customer decides to use a different solution with the understanding that the new products will be purchased from Masterline at the time of return. Customer decides they do not want the product and requests falls within the 7-day return period. Product does not work due to manufacturing defect. To Request a Return: By Phone: 619.342.4696, or Toll-Free 888.849.8100 Monday - Thursday 8:30 a.m. to 4:00 p.m. Pacific Standard Time By e-mail: orders@masterlinenet.com Information Required to be Provided to Request a Return Customer name Invoice number Name of product(s) being returned Serial number(s) Nature of problem / Reason for return General Terms Software: We can only accept software returns if the package is unopened. Unopened software may be returned for refund or exchange within 10 days of the invoice date. Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer. Multiple licenses may not be returned beyond 30 days for any reason. All items returned must: Be 100% complete with original UPC codes intact. Contain all original manufacturer boxes (with UPC codes intact) and packing materials. Contain all instruction manuals, blank warranty cards, documentation, etc. originally shipped with the item. Contain all cables, accessories and other parts originally shipped with the item. Incomplete returns will result in delaying the process of the refund and possible extra restocking charges. Shipping and handling charges are not refundable. We recommend that you use a traceable shipping method. We recommend that you fully insure your return shipment in case it is lost or damaged. If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package, make sure it is noted on the carrier's delivery record in order for Masterline Technologies to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify Masterline Technologies immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify Masterline Technologies of damaged goods within the first 7 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call Number or your Masterline Technologies account manager to arrange for carrier inspection and a pick up of damaged merchandise. Credit will be issued after our warehouse provider or the manufacturer or carrier receives, inspects and processes the return.. If purchased by credit card, your credit card company determines when the credit will be reflected in your account. Replacement items will be shipped in the same method as the original order. A replacement item will normally be shipped upon receipt of the return item. A replacement item will not be shipped until payment is received for the original purchase. This return policy may be amended from time to time. Limitations: THE PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS. EXCEPT AS SET FORTH HEREIN, MASTERLINE TECHNOLOGIES MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND MASTERLINE TECHNOLOGIES DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MASTERLINE TECHNOLOGIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. CLAIMS AGAINST MASTERLINE TECHNOLOGIES FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THE SHIPMENT. Component resale: Customer shall not engage in the business of reselling components or services purchased from Masterline Technologies, or remove components from product for resale, except upon express prior written authorization of Masterline Technologies. Assignment: Customer may not assign its rights or obligations hereunder without the express prior written consent of Masterline Technologies. Entire agreement: These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders or any other terms and conditions shipped by Seller with the product. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. Governing law, jurisdiction and costs: This agreement is governed by the laws of the State of California, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that California is an appropriate place for venue of any litigation and that California courts have jurisdiction over this agreement and customer. In the event the customer and Masterline Technologies are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred. Terms and Conditions: This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all terms and conditions set forth in any documents issued by customer, including, without limitation, purchase orders and specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY MASTERLINE TECHNOLOGIES, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON MASTERLINE TECHNOLOGIES. No variation or exceptions in the terms stated herein can be made without written authorization by the president of Masterline Technologies, Inc. |
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